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HomeMy WebLinkAbout0915 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - SEPTEMBER 15, 1992 7 :00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE r.. * * * * * * * * * * * * * * * * * * * * * * * * I . CALL TO ORDER Chairperson Whitlock called the meeting to order at 7 : 00 p.m. II . PLEDGE OF ALLEGIANCE Commissioner Downs led in the pledge of allegiance. III . ROLL CALL Members Present: Carol Whitlock, Chairperson Bob Downs Bob Spiegel Randy White Members Absent: Sabby Jonathan Staff Present: Ray Diaz Steve Smith Doug Phillips Gregg Holtz Marshall Rudolph Tonya Monroe IV. APPROVAL OF MINUTES: Consideration of the August 18, 1992 meeting minutes . Action: Moved by Commissioner Downs, seconded by Commissioner Spiegel, approving the August 18, 1992 meeting minutes as submitted. Carried 3-0-1 (Commissioner White abstained) . V. SUMMARY OF COUNCIL ACTION Mr. Diaz summarized pertinent September 10, 1992 city council actions . VI . CONSENT CALENDAR A. Case No. PMW 92-17 - PATIOS PLUS/RICHARD WEST, Applicant Request for approval of a parcel map waiver to merge two lots into one to allow a commercial building for Lot Nos . 37 and 38 located at Mediterranean and Boardwalk. %MW MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1992 B. Case Nos . PP 91-8, C/Z 91-2, GPA 91-2 - MICHAEL BUCCINO, No Applicant Request for approval of a one year time extension for a 5400 square foot office building located on the south side of Fred Waring Drive, 500 feet east of San Pablo Avenue. Action: Moved by Commissioner Spiegel, seconded by Commissioner Downs, adopting the consent calendar by minute motion. Carried 4-0 . VII . PUBLIC HEARINGS Chairperson Whitlock asked for a motion to suspend the agenda item order to hear item B first. It was moved by Commissioner Downs, seconded by Commissioner Spiegel, suspending the public hearing agenda item order by minute motion. Carried 4-0 . B. Case No. CUP 92-10 - DONALD BALLARD, Applicant Request for approval of a conditional use ..rr permit to add an open air shaded patio on the front and side of an existing restaurant at the northwest corner of Highway 111 and Fred Waring Drive. Mr. Diaz stated that the project met city parking requirements and recommended approval of the request. He indicated that the design of the building went to the architectural commission. Chairperson Whitlock opened the public testimony and asked the applicant to address the commission. MR. DON BALLARD stated that he has had a home on San Luis Rey for about 30 years . He stated that he felt a restaurant would be successful indicated that their menu would be similar to the one at Chili ' s restaurant. He indicated that the patio was to make the use more up-beat and bring some life into the center. Chairperson Whitlock asked if anyone present wished to address the commission in FAVOR or OPPOSITION. There was no one and the public testimony was closed. 2 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1992 .� Commissioner Spiegel stated that he was impressed that the competition was asked whether or not they liked the changes and had agreed. He felt the addition of tables outside was a good idea. Action: Moved by Commissioner Downs, seconded by Commissioner Spiegel, approving the findings as presented by staff. Carried 4-0 . Moved by Commissioner Downs, seconded by Commissioner Spiegel, adopting Planning Commission Resolution No. 1587, approving CUP 92-10, subject to conditions. Carried 4-0 . A. Case Nos . C/Z 92-4, PP 92-6, PM 27400 - COOK PARTNERS LIMITED PARTNERSHIP, Applicant Request for approval of a change of zone, precise plan of design, tentative parcel map and negative declaration of environmental impact to allow construction of a 220,270 square foot retail/commercial center at the northwest corner of Country Club Drive and Cook Street. Mr. Smith explained that staff had not received the traffic study that the applicant was having prepared for the public works department. Per the public works department memo, since the traffic impact study would form the basis of a number of conditions of approval (mitigation measures) the public works department deferred providing specific conditions of approval until the traffic impact analysis was available. In addition, the findings and mitigation measures contained in the traffic impact study would also form much of the basis for the negative declaration of environmental impact. He stated that staff was recommending that the case be continued after the applicant' s presentation and any public input. Mr. Smith outlined the salient points of the staff report and its addendum. He noted that the plans with the latest modifications had received preliminary approval from the architectural commission. Chairperson Whitlock asked if this project had been before the economic development committee. Mr. Diaz replied yes . Chairperson Whitlock requested that staff provide the minutes to the commission from that meeting. Mr. Diaz indicated that would be done. ` 3 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1992 Commissioner Spiegel asked if there was a reason staff was ar trying to rush this project through when there were so many unanswered questions . Mr. Diaz stated there was no reason they were trying to rush it. He noted the applicant had owned the property for a number of years and was stopped from developing it when the city was discussing a conference center. Because of the timing and delays through no fault of the applicant, that was one reason it might look like it was being rushed through. He noted that the city owns over 230 acres in this area. The issue of traffic circulation and service levels would be discussed later. He explained that the continuance was because the anticipated traffic study information was not ready. Commissioner Downs asked why a traffic engineer was not present. Mr. Diaz stated that there was only one registered traffic engineer on staff, but the study needed to be completed. He indicated that the commission should consider the precise plan, layout and answer those questions now and the traffic issues would come later and the appropriate staff would be at that meeting. Chairperson Whitlock opened the public hearing and asked the applicant to address the commission. MR. BILL CARVER stated that he had been the owner of the property since 1981 or 1982 . He noted there had been many changes in Palm Desert since then, (i .e. the north sphere master plan) . That group felt that section 4 , of which they were a part, was a key to the development of the north sphere. He noted that the city also purchased 130 acres which together constituted the northeast quadrant of section 4 and this was an opportunity for all of them to get together to do a plan to tie-in with the Marriott. He indicated that the whole section was not developed as a total project--Manor Care built their development. He noted that he eventually sold 40 acres to the west of the corner parcel . He said the city kept purchasing the five acre parcels of land that were homestead properties and acquired approximately 230 acres . Last month he gave his proposal to the city council requesting that they be given the right to negotiate for 180 days to develop the entire section, or what was left of the section. The city council approved that request, so they have that time to try to work out the development of the entire section. In the meantime, there was a single family residential development of 105 single family units directly across from the Marriott and 4 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1992 the property Mr. Carver sold to him. The city council became aware of this activity and came to him; the city and Mr. Carver were in escrow to purchase that property. He said they were buying the property together. With that they had the opportunity now to do what they wanted to do eight years ago with this section and as a part of this, the property owned by the City of Palm Desert, of which they have partial control over. He explained that the portion before commission now was the west half of the section. It was determined that six 5 acre parcels were missing from the lower half of the section. He noted that they owned 25% interest in 60 acres farther north which he was trying to acquire the balance of that acreage to put this together. He stated that he felt this background information was important for the commission to understand the aim. Mr. Carver also noted that they were considering some property that backs up to the residential developments on Cook. He stated that there were two subdivisions and he felt it was a possibility to acquire those pieces of property which would give them additional opportunity to incorporate other recreational activities into the development. He said that they were getting ready to build their shopping center when they were approached by the Marriott hotel . ... Their most profitable division right now was their timeshare. Their most profitable project was the Desert Springs project but they were having problems selling additional units until they developed more golf area, so Carver with the council came up with the idea of having 36 holes of golf that would permit timeshare people who were residents and owners of property in Palm Desert to have tee times within this development. He stressed this would be for residents of Palm Desert also. He felt the shopping center would generate the cash necessary to provide the rest of the project. As part of this, he felt there was a wonderful opportunity to develop an architectural language that the whole section could be developed into. He stated that the architectural theme he was considering was developed by an architect in Mexico City named Luis Barragon, who had since passed away. He distributed a book to the commission that showed Mr. Barragon' s architectural style. He stated that what they were trying to do was an architectural style for the whole section that would make them unusual within the Coachella Valley by establishing an entire area with an architectural character and idea. He said that they were doing the shopping center first and what would be seen was unusual shapes, sizes, height and "" 5 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1992 colors; things that would give a character to this development. He felt that the simplicity of the design was what made it unusual and made it difficult to put on paper. He said that he hoping the city council would hire Mr. Barragon' s protege Raoul Farrera to provide the consultation to put this concept together. He said was their idea for the bigger picture. Mr. Carver noted that Mr. Ken Feenstra was present and had been with the City of Palm Springs 18 years and felt he brought with him extensive experience in economic development, redevelopment, and planning. Mr. Diaz asked if Mr. Carver approached the city when he owned the acreage that was being purchased now to get an exclusive right to develop the whole area. Mr. Carver replied yes, but it was a number of years ago. Commissioner White asked for a description of the neighboring uses . Mr. Carver stated that Desert Falls was to the east; southeast was the Lakes Development; directly south was partly the Marriott hotel and partly the Silver Sands development; west was the Desert Greens Mobile Home Park and Santa Rosa Golf Course; to the north was Swank' s Rancho Portola development. Commissioner White asked what was along Country Club just west of the 40 acres; Mr. Carver stated that there was one 5 acre parcel, the Manor Care development and the rest was vacant. The city owned two 5 acre parcels that came down to Country Club. Commissioner Spiegel asked if there were plans that the housing development would include timeshare; Mr. Carver replied yes, it would be Marriott Timeshare and would be tied into the hotel . He noted that the ordinance required that it be with a hotel. Mr. Carver said that they were in negotiation with Marriott but did not have anything in writing yet. Commissioner Spiegel asked if this would include separate homes, condominiums, and timeshare. Mr. Carver concurred. Commissioner Downs noted that the golf course would be public. Mr. Diaz concurred that it would be a municipal golf course. Commissioner Spiegel asked if the Marriott got involved, if the city approved timeshare only with a hotel that was a certain size, limiting it to the Marriott and was that correct. Mr. Diaz said yes, or any hotel that would develop like the Marriott. Commissioner Spiegel asked if the Marriott was involved in the development across the street, if it would not have to come before the commission, it would just be timeshare. Mr. Diaz replied that the hearings required would have to come before the commission 6 rD MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1992 ..., as a conditional use permit for the timeshare use; however, the problem was that the developer would be caught in a catch 44 in that the development and disposition agreement would require that they build a certain number of timeshare units in order to have exclusive right to negotiate. He said that if they required the developer as a result of his agreements with the redevelopment agency and city to develop something that they make a decision on, then their decision on the conditional use permit would be limited to the conditions of approval, the project design and those types of issues . The whole question of whether or not they could do it was in all probability yes . Mr. Carver suggested a joint session of Planning Commission and the City Council/Redevelopment Agency to all sit down and figure out how this would be done and how it would look. Mr. Diaz stated that the requirement for timeshare was that it be part of a 500 room hotel with a championship golf course. Chairperson Whitlock stated that she was concerned that the commission was being requested to approve a precise plan when there were so many unanswered questions and decisions that needed to be decided jointly. Mr. Diaz stated that this particular corner, if the rest of the section never materialized and except for the PR-10 area, could develop r•• totally separately. The things being considered until the completion of the traffic study were the design layout and the building concept. He confirmed that the project could proceed on its own except for the traffic issues that needed answered. The plan before commission was to show how this particular development would fit in the overall scheme for that area and was consistent with the goals . Commissioner Downs stated that he appreciated the applicant explaining to the commission the whole concept. Mr. Carver stated that he felt he had a good stand alone project that should be approved except for the traffic mitigation measures and they would like to see that addressed. He noted that Mr. Feenstra would go through the shopping center aspects of the proposal . MR. KEN FEENSTRA thanked staff for their efforts with this revolving plan. He described some of the changes that had been made. He noted there would be a Payless Drug Store and a Ralph' s supermarket. The other uses were commercial, a day care center and a proposed theater. Along the front of Country Club would be a restaurant row and he listed Morton' s of Chicago as being r... 7 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1992 signed up. He distributed their brochure and a menu and indicated they were a high-end restaurant. He stated that if additional land could be acquired, they would be able to add more entertainment uses north of the center. He indicated there might also be a Parkway Grill from Pasadena; Beach Boy Cafe; a sports bar; Comrades of Glendale--those were being actively pursued. He felt that would set a good tone on the Country Club frontage and would make it more than just a Ralph' s market and Payless center. Mr. Feenstra indicated there was another use being proposed in conjunction with Marriott--that was a Marriott Pavilion for their timeshare sales and looking at the overall plan there would be additional units . Chairperson Whitlock asked if Mr. Feenstra had approval from the Marriott for the project as presented including the changes; Mr. Feenstra replied yes, that he had met with Mr. Olsen and he had no objection to the plan. Mr. Feenstra described the Barragon architecture, colors, water uses, and the theme for the overall site and showed a slide presentation of examples of Mr. Barragon' s style. Commissioner White asked if the color scheme was similar to the rejuvenated Palm Springs Mall . Mr. Feenstra replied that NNW he thought the proposal was much more subtle then that and noted there would be major walls that would be beige colors, in addition to certain accent colors with the tower elements . He also confirmed that the stucco surfaces would be smooth, not rough. Mr. Feenstra felt there was a wonderful play of elements being proposed with lighting being an important aspect of the development. He said they were proud of the kinds of tenants that were interested and believed that this was a needed facility for this location. He also pointed out that this center could be built without the rest of section 4 developing, although it had been planned to work with the development of section 4, but was also stand alone. Chairperson Whitlock asked about setbacks, noting the Mr. Feenstra said it would be over 100 feet. She asked what the distance was to the Ralph' s--Mr. Carver replied 800 feet. Chairperson Whitlock also asked about the distance from Country Club to the Marriott. Commissioner Downs said that it was 1100 feet from the Marriott to Cook. Mr. Diaz indicated that in terms of the 41 feet in height for the Ralph' s, if 8 �► MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1992 Ralph' s was depending on customers seeing their sign from 800 feet away, there might be a problem. He noted that the center would have an identification sign also. Mr. Feenstra noted that the Marriott was also eight stories tall . Mr. Feenstra indicated that in terms of traffic, with or without mitigation the site plan would not change. All the mitigations taking place for the roadways would be around the project and would be a mitigation that needed to be shared by other developments that were occurring in the area and then there would be further mitigations as section 4 developed. He did not feel the traffic issues were main issues in terms of the site plan or architectural concept being presented. He stated that he needed feedback from the commission on the direction they were going. Mr. Feenstra noted that this project would also go to city council for approval . Chairperson Whitlock requested a look at the landscape plan. Mr. Feenstra presented the plan and described the types of trees being provided in relation to the architectural concept. Chairperson Whitlock asked about a concept for the water features; Mr. Feenstra said they would be flat pools at grade level . He said there was an obelisk in one of the pools . He indicated there would be 50 feet of landscaping provided. Mr. Diaz noted that if there was ever a need for an additional `.. traffic lane on Country Club, there would be a remainder of 40 feet of landscaping from curb. Commissioner White said that he had a question about the Country Club area and the Cook Street frontage. He asked if there was a proposal to put in a bikeway or walkway through that area. Mr. Feenstra replied yes, there would be a traditional meandering six to eight foot wide path. Commissioner White asked if a straight walkway and bikeway had been considered. Mr. Carver stated that he happened to be a bike rider and did not feel these sidewalks could be ridden upon. He felt that the city should not encourage class 1 bikeways . He stated that bikes belonged on the street as a class 2 bikeway. He felt it was dangerous to mix pedestrians with bikes . Mr. Carver said that one of the challenging things he wanted to bring up was the idea of golf cart use being incorporated into the center so that neighboring country clubs could arrive at their center without getting into an automobile. He felt that was a much more important thing. He also felt the sidewalks should be straight. He indicated they could do more things with the landscaping without the sidewalk meandering and the maintenance of the landscaping and water efficiency would be controlled better. Mr. Diaz stated that one of the things the trails committee looked at was that 9 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1992 professional bike riders would ride on the street and he also moo felt that the sidewalks should at least have a long meander or be straight. He also noted that in Palm Springs on Sunrise the bikeway and pedestrian way were together except in this case not they would not want them crossing, but keeping the two uses separate. He felt that was something that could be worked out and the trails committee was recommending that there be both types : one for the tourists and one for those who want to move quickly and stay on the street and Country Club and Cook provided the city that advantage because the parking on those streets could be prohibited and still have enough room with the 50 feet from curb to have both and it could be worked out. Mr. Carver indicated that one person who had contacted him regarding the overall recreational potential of the site was the Veladrome to do a bicycling center here where cycling would become the overall recreational basis . Mr. Carver suggested that it be a multi-purpose type of stadium where it could also be an amphitheater and have some type of outdoor entertainment taking place in the rest of the section. Mr. Feenstra informed commission that in order to accommodate the golf carts they had worked out a system moo were they would be close to the handicapped parking, which would be close to the front of the stores . Chairperson Whitlock asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal . There was no one and the public testimony was closed. Commissioner Spiegel stated that he was concerned with the issues raised in the planning department memo such as a deficiency in parking spaces, especially with a motion picture theater there could be the same problem as at the Town Center during busy seasons of the year. Also, he did not believe the Ralph' s sign required 41 feet. He felt it would be unacceptable. In regard to the letter from the Sunline Transit Agency, they requested a bus turnout and passenger waiting shelter to be included at the location on Country Club Drive approximately 100 west of Cook Street and he felt that should be accommodated. He also felt the color of the center should not look like the redeveloped center in Palm Springs . Chairperson Whitlock stated that she was looking at this project as a stand alone project. She felt the entire program as laid out was magnificent; however being asked to look at 10 ""r MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1992 this portion as a stand alone she had some concerns . She stated that she was not sure that a center of this size was needed at this corner. She felt it was a very special corner and was across the street from Palm Desert' s only five star hotel . She expressed disappointment that the Marriott did not have a representative present at the meeting and was surprised that residents of Desert Falls and the Lakes were not present because she felt this would impact them greatly. She stated that she was delighted there would not be a gas station or classic car lot and was pleased that this would be continued because she was not convinced that this size of a shopping center was needed on this corner. She felt the architectural language and the artistic style was magnificent and from that standpoint would be long lasting, but Payless, Ralph' s and the size had not been sold yet. Commissioner White stated that one thing he was concerned about in the site design was when looking at traffic, in the staff report it said that one other access point from Country Club was proposed mid-way between Desert Springs Drive and Cook Street and knew that there was right-turn ingress and egress proposed for that location. His concern was that there were many areas in the desert community where traf f is had been increased substantially where there were signs prohibiting i.�. left turns but people were not obeying those signs and if there was not a median in this location, there was a possibility of creating a potential hazard. His other concern was the use of a portion for a bicycle way or a way to accommodate golf carts and was concerned about the size of the concept being presented. He stated that he would like to see more natural features incorporated, perhaps more trees, water features, and a larger area of landscape, which could help to hide the commercial aspect of the project. He did not know if this use was needed in the area, but felt that perhaps commercial sense would dictate whether it was or not. He shared the concerns about items mentioned in the staff memorandum and wondered if the tower elements were as wide as elements seen like at Desert Island or if they were limited to the obelisk features that had been described to commission. Commissioner Downs noted that it was a 25-26 acre parcel and they could request to put the same size unit on a 15 acre parcel and the proposed building coverage was less than 20% . He did not know where more landscaping would need to come in. Regarding the bikeway, pedestrian, and golf cart areas he agreed with other commissioners . He noted that 80% of the project was not covered with buildings and because the use was on a corner, the city would require right-of-ways, right-turn "" 11 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1992 off Cook onto Country Club, possibly another lane on Cook, as .rr well as the possible widening of Country Club. He did not feel anything further should be required. As far as the height, he stated that in the staff report it noted that it was up to the city council whether or not to grant the applicant the additional height. He did not believe it would make that much difference if it was 800 feet from the street. He did not think that anyone would say the Marriott Hotel was obstructing anyone' s view and did not believe that this project would interfere with the Marriott. Chairperson Whitlock clarified that her wish that someone be present was not relative to the height of the building, but to the shopping center itself and the square footage. Commissioner Downs stated that the same square footage of the shopping center could be put into a 15 acre parcel legally and this was a proposal for a 26 acre shopping center and it was still being said it was too big. He asked why. Chairperson Whitlock stated that she felt this corner was very special and she did not see anything in the proposal that the city or area needed. Only the architecture of the building made a statement that said it would last forever. Mr. Diaz indicated that between now and the next meeting there could be a greater focus on the corner of Cook and Country Club, as well as Desert Springs Drive and Country Club, and �r1i would try to get an elevation coming in from Country Club. He said that one problem was when talking square footages, 226,000 square feet if not softened and done property could look like 500,000 square feet. He indicated other elevations would be drawn so that there was a shot of the cross section and a shot coming in from Country Club, Cook, and Cook and Country Club. He said that this intersection would be very busy, especially when Cook Street was put through. After seeing the elevations, if it looked crowded and was not softened, then it could be looked at again. He stated that the project met code in terms of the parking ratio/square footages . If this was too much commercial square footage and there was not much demand, that would solve the traffic problem. He said that staff would be working with the applicant to get that and there were certain changes that could be made along the north in terms of screening the back ends of the building and that was something they would like to see as well . In terms of the uses, if it was properly designed there should not be a problem and the zoning permitted them. Chairperson Whitlock stated that she understood that, but also mentioned that she was disappointed that some residents were 12 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1992 .. not present. She asked how far the legal noticing went. Mr. Diaz replied that some residents from the Lakes and Desert Falls and indicated that the applicant had spoken with the property owners association at Desert Falls and the Lakes, as well as the Marriott, so they had been in contact with them. Chairperson Whitlock noted that on the diagonal corner a restaurant came to the commission that was denied due to the Lakes residents ' objections and realized that the distance of that restaurant to the Lakes residents was far less then this diagonal corner. She stated that she would like more information on restaurants and what could be done about the smells and all the objections that people from the Lakes had. Mr. Diaz stated that staff would have that information. He noted that another objection the Lakes had was with the restaurant that close, people would not go into their club and eat. He said that staff would provide something on that. Commissioner Spiegel stated that he had talked with a few friends in Palm Valley and the Lakes and they were enthusiastic about the development and felt they needed something closer so that they would not need to drive as far. Also, since the property along Country Club would be developed, the parking lot was broken up. One of his objections to the Target center on Highway 111 was that it .� looked like Dodger Stadium's parking lot; he did not feel this development looked like that and appreciated that. Whether or not five or six successful restaurants could be put in there was a question, but felt a movie theater in that location could be very successful . Chairperson Whitlock opened the public testimony and asked for a motion of continuance. Mr. Smith stated that the continuance should be to a date certain. Staff did not know when the traffic study would be done but the applicant felt that a continuance to October 6 would be sufficient time. Mr. Diaz suggested a study session on October 6 to discuss how traffic levels are determined and answer any questions and if the applicant did not have the information available, it would be continued again. Commissioner Spiegel also felt that a study session for the Crest should be held. Action: Moved by Commissioner Downs, seconded by Commissioner Spiegel, continuing C/Z 92-4, PP 92-6, and PM 27400 to October 6, 1992 by minute motion. Carried 4-0. ""' 13 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1992 VIII . MISCELLANEOUS Ertl None. IX. ORAL COMMUNICATIONS None. X. COMMENTS Commission determined that a study session should be held on October 6 to discuss the Crest project at 5 : 00 p.m. and traffic circulation and rating levels at 6 : 00 p.m. XI . ADJOURNMENT It was moved by Commissioner Downs, seconded by Commissioner Spiegel, adjourning the meeting to October 6 , 1992 at 5 : 00 p.m. by minute motion. Carried 4-0. The meeting was adjourned at 8: 32 p.m. RAMON A. DIAZ, gecalIqUary ATTEST: CAROL WHITLOCK, Chairperson Palm Desert Planning Commission /tm 14 UN